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'Irreparable harm': Unions plan next steps in battle against Bill 9

David Harrigan (right, Director of Labour Relations, United Nurses of Alberta) and Alberta NDP MLA Christina Gray (left, NDP Opposition Critic for Labour) comment on the Bill 9 injunction at the Alberta Legislature on Wednesday July 31, 2019.Photo by Larry Wong/ POSTMEDIA NETWORK

Union leaders say public workers won’t trust the Alberta government heading into labour negotiations, on the heels of a court ruling that temporarily halted controversial legislation to delay wage talks.

“Obviously our members are getting angry,” said David Harrigan, director of labour relations for the United Nurses of Alberta (UNA). “It’s going to make the next round of negotiations much more difficult.”

The union acted as an intervenor in a court case that successfully sought an injunction against Bill 9, or the Public Sector Wage Arbitration Deferral Act. That bill delays wage negotiations for about 70,000 public sector workers, and was touted by the UCP government as a necessary step until Alberta’s fiscal house is in order.

The Alberta Union of Provincial Employees (AUPE), which represents 95,000 workers, launched the case and called the ruling a “fundamental victory” protecting collective bargaining rights.

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“It is in the long-term public interest for the public to see that its government cannot unilaterally change its contractual obligations through legislation that may interfere with charter rights,” said the written decision by Court of Queen’s Bench Justice Eric Macklin on Tuesday.

The province filed a notice of appeal Wednesday. Finance Minister Travis Toews was unavailable to comment.

But AUPE president Guy Smith said Wednesday afternoon the union is not surprised by the province’s appeal.

“These folks and many, many others across the province took two years of zeros and negotiated this opportunity to have discussions around their wages for the third year,” said Smith. “This government is obviously adamant that not happen because a third-party, independent, well-respected arbitrator may actually figure out these workers deserve an increase.”

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Alberta Union of Provincial Employees (AUPE) president Guy Smith speaks to members and supporters as they march from Capital Plaza near the Alberta Legislature to Jasper Ave while protesting Bill 9 in Edmonton, on Wednesday, July 31, 2019. Photo by Ian Kucerak/PostmediaIan Kucerak Ian Kucerak

Dozens of members of the AUPE and other unions, including UNA and Alberta Federation of Labour, gathered outside the Federal Building Wednesday afternoon to protest Bill 9.

“Bill 9 is still alive and well and kicking and we have to continue our protests against an aggressive government that’s trying to take away their legally binding rights,” said Smith.

Arbitration hearings for AUPE will now take place between Aug. 7 to 9 and affect about 60,000 AUPE members employed by the Government of Alberta and Alberta Health Services.

But damage has already been done, Harrigan said.

“There’s irreparable harm when the government … reaches agreements and then feels comfortable tearing them up,” he told reporters.

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The union has its own court case against Bill 9 and filed a statement of claim with the Court of Queen’s Bench in July. The union is arguing the legislation violates Charter rights.

Harrigan said it’s not yet clear what the impact of the AUPE court case will be on the UNA’s arbitration process, which includes dates scheduled in November.

He called on Toews to give unions assurances that no more legislation to delay wage talks would be introduced.

“That would be a good beginning,” he said. “If they don’t do that I think people are going to reach their own conclusion. Right now people think they are planning to legislate.”

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Alberta Teachers’ Association spokesman Jonathan Teghtmeyer said the union is also speaking with its legal counsel about the implications of the AUPE case.

“It really is a victory for all of Alberta’s public servants.”

He said members are offended by Bill 9 after agreeing to forgo salary rate increases as a compromise.

“They are not happy,” he said. “They see this as being an unfair abuse of power by the government to overturn … terms of an agreement that it just entered into.”

NDP labour critic Christina Gray said it’s harmful if the public believes government can change deals after they are inked.

“The workers impacted by this are under serious anxiety and stressed,” she said. “A deal is a deal.”